Terminated from your job because you opted to undergo a gender-altering procedure? Did your supervisor refer to you as something other than African American? Making fun of, denying opportunity to or otherwise disparaging employees due to race, gender, heritage or physical appearance is both hurtful, and illegal.
The Rager Law Firm, a proactive Riverside workplace discrimination attorney specializing in workplace law, extends a heartfelt apology to anyone enduring discriminatory treatment while working or applying for work. Much like our clients, we’re ready to take swift action against employers who verbally, physically, emotionally, or financially attack our clients.
Filing a Workplace Discrimination Case According to California and Federal Law
Discrimination comes in multiple forms. Did you know employers can’t even discriminate against genetic testing results? It’s in GINA (Genetic Information Nondiscrimination Act), which rolled out in 2008. Regardless of what Act, section, or title of American employment law is broken, every case The Rager Law Firm handles has its own standard of proof, and the process by which we attack these wrongful acts.
California law holds that employers are prohibited from discriminating against a protected class of applicants or employees. Protected characteristics include:
An employee that has suffered discrimination has the right to file an employment discrimination lawsuit against an employer for damages. Certain legal claims may be filed with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal employment discrimination laws. In California, the state agency that handles employment discrimination is the California Department of Fair Employment and Housing (DFEH). Filing a legal claim typically requires the employee to exhaust all administrative remedies. For example, an employee may be required to complete the DFEH complaint process before filing a lawsuit.
In some cases, California law applies, for instance, if an employer has only 5 employees. Federal laws apply to employers of certain sizes, such as 15 or more. Additionally, in some circumstances, California may offer broader protection for anti-discrimination lawsuits.
For federal claims, a Riverside workplace discrimination attorney will need claimants to file formally with the EEOC within 180 calendar days of the incident. Once a formal investigation has been completed, your next steps depend on the EEOC’s findings.
If they’ve ruled not enough evidence exists to punish the company directly, they’ll issue a Notice of Right to Sue, allowing employees to seek private action against their employer. If the EEOC finds enough probable cause exists to mediate a solution, they’ll try that first. Should an employer refuse to settle with an employee, the case would then head to the EEOC legal staff who can jointly sue with a disparaged employee.
If other civil or employment rights were violated and not covered by EEOC rules during the course of an employer’s discrimination, the appropriate agency can be contacted to commence investigations into wrongdoing.
For all legal claims, it is necessary to meet the required filing deadlines. These statutes of limitation are in place to restrict claims from moving forward if too long a period has passed since the alleged workplace discrimination occurred. A skilled attorney can help you assess deadlines so that you can secure the compensation to which you are entitled.
Damages in an Employment Discrimination Lawsuit
Many factors affect the damages available to successful plaintiffs in a workplace discrimination lawsuit. The court will look at the extent of discrimination, whether the employee was subject to harassment and what type of harm was suffered. The type of damages available may include monetary and punitive damages, as well as equitable remedies.
The type of monetary damages that may be recovered in a successful workplace discrimination lawsuit can include losses including:
Lost income from missed promotion
Back wages including interest
Reduced pay after suffering a demotion
Pain and suffering endured from discrimination
Equitable remedies include specific performance or restitution. Unlike legal remedies, equitable remedies involve the court taking action to return the affected party to the position they would be, had they not endured the discrimination or illegal treatment. An employer may be forced to take conduct such as hiring an employee that was originally not hired due to the color of their skin. It may also include making reasonable accommodations for an employee, as required by law.
In some cases, punitive damages are available. An employer that engaged in conduct determined to be especially malicious or intentional may be held to pay punitive damages, as a form of punishment. Punitive damages are also intended to deter other employers from engaging in similar wrongful conduct in the future.
Discuss the Details of Your Case with a Riverside Workplace Discrimination Lawyer
Some employees feel helpless, don’t understand filing procedures, or are being coerced not to seek EEOC mediation. With few options, they come to our office hoping someone will listen, perhaps intervene on their behalf.
Gender disparity in the workplace, including income and advancement opportunities being denied due to gender.
Racial bigotry. Giving bonuses, extra hours, and other perks to one race while cutting off another from similar perks simply because of color or creed is uncalled for and violates civil statutes.
Disability segregation. Not allowing individuals with disabilities to advance, failure to reasonably accommodate individuals with disabilities, or retaliating against disable persons because they’re reporting unethical acts violates numerous employment and civil codes.
The Rager Law Firm will challenge any employer’s reasoning for acting inappropriately. Before filing cases in court, we’ll always present options to offending employers which allow us to settle your case favorably before heading to court.
Discrimination at the workplace is wrong.
To understand your rights and next steps, contact a Riverside workplace discrimination lawyer at The Rager Law Firm. We bring decades of experience to our client-focused advocacy and help employees suffering mistreatment due to their race, color, age, or disability, as well as other factors. You may be entitled to damages that can alleviate the financial and emotional distress suffered due to your workplace discrimination.